The TPKS Law Makes Parties Who Are Arrested, Mas Bechi, Suspects Of Obscenity Can Be Sentenced

DOK VIA BETWEEN

JAKARTA - Member of the Legislative Body (Baleg) of the House of Representatives, Luluk Nur Hamidah, asked the government to immediately draw up a derivative rule of Law No. 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS).

This is because there are still many cases of sexual violence, including sexual abuse involving the son of a cleric in Jombang, Moch Subchi Azal Tsani (MSAT) alias Mas Bechi (42).

The ratification of the TPKS Law should be celebrated as an important momentum (milestone) from the agenda of promoting and protecting human rights, especially protection for victims of sexual violence in Indonesia. However, we consider that the Government has not seen its seriousness after the enactment of the TPKS Law," complained Luluk, Friday, July 8.

Luluk said that sexual crimes still occur a lot after the TPKS Law is officially enacted. He considered that the lack of socialization and no technical guidelines from the TPKS Law were one of the reasons.

The TPKS Law itself mandates the formation of 10 Government Regulations and Presidential Regulations as technical guidelines for implementation.

"Although the law provides up to 2 years from the time it was enacted as a law, considering the urgency and emergency of the situation and condition of sexual violence in the country, the government should hasten and prioritize the PP and Presidential Regulation of the TPKS Law," he said.

Moch Subchi Azal Tsani (MSAT), a suspect in the obscenity of female students at the Shiddiqiyah Islamic Boarding School, Jombang, East Java, surrendered to the police in the middle of tonight. Mas Bechi was immediately taken to the East Java Regional Police.

"The person concerned surrendered himself," said East Java Police Chief Inspector General Nico Afinta in front of the Shiddiqiyah Islamic Boarding School, Thursday, July 7 night.

The East Java Police Chief ensured that the follow-up process for the children of the Jombang kiai would be carried out by handing over the suspect to the Prosecutor's Office.

For cases in Jombang, if the TPKS Law is implemented, it can be criminally charged. The father is clearly open to asking for his son not to be arrested. Then sympathizers who deliberately obstructed the officers made arrests, especially with resistance," said Luluk.

The rules referred to by Luluk are contained in Article 19 of the TPKS Law, which reads: Everyone who deliberately prevents, obstructs, or thwarts directly or indirectly investigations, prosecutions, and/or examinations at court hearings against the suspect, defendant, or witness in the TPKS case can be threatened with imprisonment for a maximum of 5 years.

Therefore, Luluk asked the police to participate in implementing the TPKS Law in the Mas Bechi case. Both for cases of sexual abuse, as well as related parties that hinder investigation.

"The defense must be carried out in accordance with legal justified mechanisms and procedures, for example through a lawyer or lawyer," said the legislator from the Central Java IV electoral district.

So it is necessary for the management of all parties so that the legal process can run well. If not, then the legal provisions governing the TPKS will actually become a risk for those who deliberately prevent it," added Luluk.

Luluk also said that cases of sexual violence that have recently occurred should be avoided if there is intense socialization and efforts to prevent them through the system as enthusiastic as in the TPKS Law. He also regretted the slow pace of the Government's movement to develop PP and Presidential Regulations.

Especially because there are many victims. Either that happens in the family environment, or the victim is under the protection of an educational institution, including religious education institutions for boarding schools," said Luluk.

The member of Commission IV of the DPR also highlighted how law enforcement officers in the field still have difficulty making the TPKS Law a reference in handling sexual cases. This, said Luluk, was due to the absence of socialization, SOPs, training and technical guidance related to the procedural law used in the TPKS Law.

"Victims of sexual violence after the ratification of the TPKS Law do not and are handled using the procedural law according to the TPKS Law, because there are no technical guidelines. This should be a serious concern for the government, don't seem to still have 2 years ago there is no reason to hasten PP and Presidential Regulation," he said.

Luluk gave an example of cases of sexual violence at the Riyadhul Jannah Islamic Boarding School, Depok, where dozens of female students were victims of sexual abuse by a number of Islamic boarding school caregivers. He considered that the socialization of the prevention of sexual violence in educational institutions, including Islamic boarding schools, was still not optimal.

Not only that, Luluk also mentioned a number of cases of sexual violence in Sragen, Central Java. One of them is the case of rape of a 9-year-old child committed by a neighbor in 2020.

"The perpetrator has not yet been determined, the victim is still adrift for 2 years. The investigation still uses the old procedure. Evidence and witnesses are considered insufficient, while the victim's testimony is considered not sufficient to suspect the perpetrator," said Luluk.

"Even though there is now a TPKS Law, the police still don't want to use the victim's statement and the post-mortem as sufficient evidence," he continued.

Luluk assessed that Indonesia will continue to experience an emergency of sexual violence if there is no seriousness of the relevant parties. In addition to massive socialization, the Government is also asked to accelerate training for APH (law enforcement officials).

The minimum SOP that can be used in handling cases of sexual violence after the TPKS Law is ratified. This is what happens, there is confusion in the field. Finally, old ways and procedures are still being carried out, as well as references, still using the old law," explained Luluk.

This is unfortunate. Karana has the potential to harm victims. Not to mention the deadlock in the procedures for handling TPKS because of unintegrated coordination between institutions. In the end, the victim will suffer because he does not immediately get assistance and recovery," he added.

Luluk reiterated that the Government should take quick steps to make technical rules related to the TPKS Law by intensifying coordination between related Ministries/Institutions. Because based on information, the Ministry of Manpower (Kemenaker) and the Ministry of Religion (Kemenag) have not been invited to coordinate the TPKS Law.

In fact, there are a lot of sexual violence in the workplace. It also requires prevention procedures in the workplace. There are also many cases in religious institutions and not just pesantren. Such as the case of alleged sexual violence against high school students Good Morning Indonesia (SPI) in Batu City which is still rolling," concluded Luluk.